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QLD Property Law - Getting Housemate to Pick Up Their Belongings?

Discussion in 'Property Law Forum' started by Jayml, 24 September 2016.

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  1. Jayml

    Jayml Member

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    Hi, I'm having trouble with an ex-house mate to get them to collect their items.

    I've given them several chances where I'm home so they can pick up their items, and when it comes to the time, they decide not to show up or even let me know they're not going to.

    This isn't an hour gap but a whole day designated for them to show up at some point. It has been two weeks where they have had so many chances but haven't even bothered.

    As far as I know I think I have to remain in contact with them to ensure they at least have chances to pick up their items. At this point, I can't handle it anymore because I receieve threatening and abusive messages with also threats to damage my property.

    The real questions is, when can I legally remove their stuff off my property so they can no longer be in contact with me and if there is a step phrase that I must follow before I do anything.

    I just want them to go away because they keep threatening to ruin my life by lying to my work to get me fired, try to split me and my boyfriend up and honestly scared to for my life as they're threatening to hurt me.

    The story why they're doing this is because they've damaged a room in the house by burning a cigarette stain into the carpet and red wine when they know they weren't allowed to smoke at all in the house. I tried having a talk about it but they've decided to move out. It seems like they don't like confrontation when they know they've done something wrong but I honestly don't know why they're doing all this to me for that.

    Any help under property law would be greatly appreciated. All I mainly want is for their stuff to be removed so they have no right to show up at my house or contact me again.
     
  2. Rod

    Rod Well-Known Member

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  3. Jayml

    Jayml Member

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    But I'm not the lessor. The person was soon to be put onto the lease where I was currently renting. Do these rules still apply with abandoned stuff? Do I need to give a formal notice or should I count 1 month after they've left?
     
  4. Rod

    Rod Well-Known Member

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    Treat it as a rooming situation:

    • All goods must be kept for 28 days apart from perishable items or items worth less than $150.
    • Goods valued at less than $150: May be disposed of if they are perishable.
    • Goods valued at less than $600: May be donated to charity.
    • Goods valued at more than $600: Must be stored for 28 days, after which they can be sold. The sale must be advertised in a newspaper available locally.
    • The provider/agent may use the money raised from the sale of the goods to cover the reasonable costs for the storage, advertising and sale of the goods, and pay any outstanding amount owed by the resident under the agreement. Any remaining money must be paid to the person entitled to the property (if located by the time of sale) or to the Public Trustee.
    • The resident can reclaim their goods before they are disposed of. They must put this request in writing and pay costs the provider/agent has paid for removal or storage.
    • Goods should be valued to determine their worth; an item that may appear to be junk can actually be valuable.
    • Take photos of items being disposed of in case of future dispute.
     
  5. Jayml

    Jayml Member

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    Thank you very much, Rod
     

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